Jeeto Bai v. State Of Punjab
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (206) Date of decision: - 29.09.2021 Jeeto Bai ....Petitioner
Versus
State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Vishal Sharma, Advocate, for the petitioner. Mr. Sandeep Singh Deol, Deputy Advocate General, Punjab. (keeping in view the advance copy given).
( Through Video Conferencing ) *** HARSIMRAN SINGH SETHI, J. (ORAL) Present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of FIR No.10 dated 08.02.2021, registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act'), at Police Station Lakho Ke Behram, District Ferozepur. Learned counsel for the petitioner argues that the petitioner is 75 years old and did not knew what was kept in the car, which was being driven by her son and her daughter-in-law, namely, Santosh Kaur was accompanying them. Learned counsel for the petitioner submits that the contraband was recovered from the car and all the occupants of the car have been roped in without realizing that the petitioner is 75 years old and why she will indulge in such kind of activities. Learned counsel for
-2the petitioner further submits that the petitioner never knew that her son and daughter-in-law are indulging in such kind of activities and the petitioner, who was only travelling in the car, has also been roped in the present case.
Notice of motion.
Mr. Sandeep Singh Deol, Deputy Advocate General, Punjab, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition, accepts notice on behalf of the respondent-State.
Medical status report of the petitioner along with a short affidavit on behalf of the respondent-State has been filed today in the Court and the same is taken on record.
Learned State counsel submits that 6000 intoxicant tablets were found from the bag, which was kept in front of the petitioner, whereas, from the co-accused Kulwant Singh, who is son of the petitioner, 21600 intoxicant tablets were found and from daughter-in-law, namely, Santosh Kaur, 18000 intoxicant tablets were found. I have heard learned counsel for the parties and have gone through the record with their able assistance. On the last date of hearing, this Court directed the Medical Board to give the health status of the petitioner, who is 75 years old and according to the doctors, the petitioner is facing certain medical problems, but those need further investigation and can be treated with medical intervention.
Keeping in view the fact that the petitioner is 75 years old
-3and was only travelling in the car along with her son and daughter-in-law and the involvement of the petitioner is yet to be established during the trial and in view of her medical conditions, she has made out a case for the grant of regular bail especially in view of the Pandemic of Covid-19. In view of the above and without commenting upon the merits of the case, it is directed that the petitioner be released on regular bail, if not required to be detained in any other case, subject to the satisfaction of the trial Court/Duty Magistrate concerned. Learned counsel for the petitioner undertakes that petitioner will not influence the trial or the witnesses in any manner and in case of default of the above undertaking, the State/complainant will be at liberty to approach this Court for passing appropriate orders. However, it is made clear that anything observed herein shall not be construed to be an expression of any opinion on the merits of the case.
September 29, 2021 ( HARSIMRAN SINGH SETHI ) naresh.k JUDGE Whether reasoned/speaking?
Yes Whether reportable?
No